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Regulating Risk Through Private Law

ISBN13: 9781780684796
Published: January 2018
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £95.00

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Regulating Risk Through Private Law sets out, for nine significant legal systems, an overarching conception of risk in legal theory, particularly of the linked role of risk-taking in generating liability and in liability regulating risk. It examines and explains what risk-based reasoning adds to private law.

Taking tort law as the core case study, the book analyses national variation in risk understanding, liability, culture and regulation and from that, develops a legal framework for understanding and responding to risk. Then, looking beyond tort, the volume examines the contextual and cultural setting of different risks and how different legal systems seek to regulate them. The volume draws on more than 25 leading scholars of private law and risk from around the world to develop a coherent and systematic study of risk. The legal systems included span the common law and civil law, large and small, codified and uncodified, as well as those with wider and narrower strict liability rules and causation rules: England and Wales, France, Sweden, Italy, Spain, the Netherlands, Chile, South Africa and Brazil.

The book is in two parts. Part I will look at an overview of the whole field, with a particular view on tort law as common focus; Part II will look to a specific and a national response to a narrow aspect of risk and analyse it in more detail. The Part II chapters range from medical liability (France) to mining (Chile) and from political theory and the welfare state (Sweden) to the constitutionalisation of risk protections (South Africa). This volume is the first multi-handed work on risk to explore what risk-reasoning adds to private law and how best it can be deployed, resisted or simply understood.

Tort Law
Chapter 1. Introduction
Part I. Risk Overviews
Chapter 2. Risk and English Tort Law
Chapter 3. Risk and French Private Law
Chapter 4. Risk in Swedish Tort Law: of Models and Muddles
Chapter 5. Risk and Italian Private Law
Chapter 6. Regulating Risk Through Private Law: The Spanish Approach
Chapter 7. How Dutch Tort Law Responds to Risks
Chapter 8. Risk and Chilean Private Law
Chapter 9. Regulating Risk Through Private Law: South Africa
Chapter 10. Risk and Brazilian Private Law
Part II. State of the National Art on Risk
Chapter 11. Legal Risk in International Commercial Disputes
Chapter 12. Medical Accidents and Pharmaceutical Product Liability in France
Chapter 13. Bearing and Sharing Risk in the Swedish Welfare State
Chapter 14. Modernisation and Risk Regulation in the Italian Food Sector
Chapter 15. Motor Vehicle Accidents Caused by Game Wandering onto Spanish Roads
Chapter 16. Dutch Tort Law at the Crossroads: Judicial Regulation of Health and Environmental Risks
Chapter 17. Sub Terra: Risk in the Chilean Mining Industry
Chapter 18. Constitutionalising Rights and Reacting to Risk in South Africa
Chapter 19. Regulating Risk in Brazil: Resort to General Clauses
Chapter 20. What Does Risk-Reasoning Do in Tort Law?
Chapter 21. Epilogue: What Does Risk-Reasoning Tell Us About Tort Law?

Series: Principles of European Tort Law

Prescription in Tort Law: Analytical and Comparative Perspectives ISBN 9781780689630
Published August 2020
Intersentia Publishers
The Liability of Public Authorities in Comparative Perspective
Edited by: Ken Oliphant
ISBN 9781780682389
Published October 2016
Intersentia Publishers
European Product Liability and New Technologies ISBN 9781780683980
Published August 2016
Intersentia Publishers
Unification of Tort Law: Causation
Edited by: Jaap Spier
ISBN 9789041113252
Published November 2002
Kluwer Law International
Unification of Tort Law: Strict Liability ISBN 9789041117052
Published November 2001
Kluwer Law International
Unification of Tort Law: Damages
Edited by: Ulrich Magnus
ISBN 9789041114815
Published December 2000
Kluwer Law International
Unification of Tort Law: Wrongfulness
Edited by: Helmut Koziol
ISBN 9789041110190
Published November 1998
Kluwer Law International
The Limits of Expanding Liability: Eight Fundamental Cases in a Comparative Perspective
Edited by: Spier
ISBN 9789041105813
Published January 1995
Kluwer Law International